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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Raj Mohan Singh, J.
Amarjit Kaur And Others - Appellant
Versus
State Of Punjab - Respondent
Criminal Revision No. 811 of 2016
Decided On : 03-04-2018
Revision Petition - Framing of Charge - Sections 306, 195, 465, 466, 211, 120-B, 34 IPC - The court discussed the allegations of preparing a forged suicide note, abetting the offence under Section 306 IPC, and hatching a conspiracy to get the property of the deceased. The court highlighted the principle that charges can be framed even on strong suspicion and that the charge can be altered at any stage of the trial.
Fact of the Case:
The deceased was allegedly harassed by his family over financial matters, leading to his suicide. The police investigation found discrepancies in the complainant's allegations and concluded that the deceased was harassed for money and property.
Finding of the Court:
The court found the petitioners prima facie involved in abetting the offence under Section 306 IPC and hatching a conspiracy to obtain the deceased's property.
Issues: The issues revolved around the alleged harassment of the deceased, preparation of a forged suicide note, and hatching a conspiracy to obtain the deceased's property.
Ratio Decidendi: The court emphasized that charges can be framed on strong suspicion and can be altered at any stage of the trial. The court also found the petitioners prima facie involved in abetting the offence under Section 306 IPC.
Final Decision: The revision petition was dismissed as it was found to be bereft of merits.
JUDGMENT
Raj Mohan Singh, J —Petitioners have preferred this revision petition against the order of framing of charge dated 28.10.2015 and chargesheet dated 28.10.2015 passed by Additional Sessions Judge, Patiala.
2. Fir was registered on the basis of statement of Gurtej Singh who stated that his family is comprising of two brothers and 4 sisters. Nine months earlier, younger brother of the complainant namely Parminder Singh was married to Parneet Kaur @ Nisha daughter of Mukhtiar Singh. Both the brothers jointly residing in one house. Parneet Kaur @ Nisha was pregnant who left the house about one and half months earlier and went to her parental house. About 8-10 days earlier, due to fast of Parneet Kaur @ Nisha, Parminder Singh and his mother Amarjeet Kaur went to village Paharpur for giving Sargi. Some dispute arose between the brother of the complainant and members of his in-laws family with regard to sister-in-law of the complainant due to which mediator namely Jagwinder Singh was called. Jagwinder Singh informed the same to the complainant. Thereafter, Jagwinder Singh along with his mother Harbans Kaur lambardarni and brother Kaka Singh @ Surinder Singh went to village Paharpur.
On reaching there, Parminder Singh told the family that his wife Parneet Kaur @ Nisha is having illicit relationship with Kaka Singh @ Surinder Singh. Parminder Singh claimed himself to be an eye-witness. On this, all the in-laws family members started beatings his brother. Harbans Kaur lambardarni caught hold legs of brother of the complainant and her sons Jagwinder Singh and Kaka Singh @ Surinder Singh gave lot of fist blows to Parminder Singh. Complainant and his mother got him released with difficulty. Sister-in-law of the complainant was also given lots of threats to the complainant side. Thereafter, complainant along with his mother and brother came back to their village. Because of the aforesaid occurrence, brother of the complainant remained disturbed and he committed suicide by hanging himself with a fan in the house. Dead body of Parminder Singh was taken to hospital, where doctor declared him brought dead. Dead body was deposited in the morchery and thereafter, the case was registered.
3. Police investigated the case and found that though the FIR was registered at the instance of Gurtej Singh, but the deceased Parminder Singh was having differences with his brother Gurtej Singh on account of partition of the house. Parminder Singh was earlier married at Bhawanigarh and was divorced. Settlement amount of Rs.7 lacs was allegedly given by Gurtej Singh and the said amount was credited to the share of Parminder Singh. There were differences between the brothers.
The allegations of the complainant against the son of Harbans Kaur lambardarni namely Kaka Singh @ Surinder Singh were found to be false. On 27.04.2014, Jagwinder Singh, Kaka Singh @ Surinder Singh, Harbans Kaur lambardarni, Parneet Kaur @ Nisha and Rajni Kaur were joined in the investigation and no proof of their involvement was found. They were again joined in the investigation on 13.05.2014 and were released on their personal and surety bonds. They were found to be innocent. A report was sent to Senior Superintendent of Police vide endorsement No.3084 dated 09.08.2014 showing that Rajni daughter of Mukhtiar Singh is Spinster and is studying in Mahindra College, Patiala in B.A. 2nd year. Mukhtiar Singh is driver by profession and he was not present at home on the day of occurrence. Harbans Kaur lamabardarni got the marriage of her niece Parneet Kaur @ Nisha arranged with deceased Parminder Singh. In order to usurp the property of deceased Parminder Singh, on 05.11.2013, mother of Parminder Singh has threatened Gurtej Singh, Khem Singh Sarpanch, Jaspal Kaur wife of Gurtej Singh, Parneet Kaur @ Nisha wife of deceased Parminder Singh and got stamp paper from Court Complex Samana. In order to grab the property of deceased Parminder Singh got the statement written on the stamp paper and
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